사기
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. Determination
A. Although the instant crime of unfair sentencing was decided to exclude the Defendant from the person subject to relocation measures, it is not good to commit the crime by selling the right to sell the housing site on the premise that the Defendant was a person subject to relocation measures and by deceiving the victim with KRW 162,50,000,000,000,000,000, which is the total amount of damage to the victim in the trial, the lower court’s punishment is too unreasonable considering the overall sentencing conditions indicated in the instant records, including the fact that the Defendant paid KRW 162,50,000,000,000,000,00
B. When the defendant, ex officio, files an appeal against a conviction, the compensation order under Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, is transferred to the appellate court along with the defendant's case.
The judgment below
In light of the records, as to the part of the compensation order, the applicant for compensation in the court below submitted a written agreement and a written application for no punishment stating that the applicant for compensation in the court below agreed with the defendant and would not be held liable for civil or criminal liability against the defendant. Thus, the existence or scope of the defendant's liability for compensation against the applicant for compensation in the court below is unclear. Thus, the part of the compensation order in the court below is no longer able to maintain it.
3. Conclusion
A. Since the appeal by the defendant is well-grounded, the part concerning the defendant's case among the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
B. Under Article 33(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the part of the compensation order for the application for compensation by the court below is revoked, and the applicant for compensation by the court below pursuant to Articles 32(1) and 25(3)3 of the same Act